returned to the passenger side door of the vehicle he had exited, which had been left open. The passenger within the car, later identified as Donald Jr., came into the store and asked Ms. The car parked parallel to the store near a coin-operated air pump with the passenger side of the vehicle facing the store.
Leach observed an older man driving an older-model maroon car that entered the parking lot and drove between the gas pumps. on October 27, 2001, Michele Leach was working at a gas station in Emma. Wren proceeded out the back door, ran to the interstate, and waved down a car for help. He then went back up the stairs and yelled to someone "it is clear, you can come in." Ms. threatened to kill the two women and ordered them to sit in chairs at the bottom of the steps leading to the basement of the building. Gregory gave him the money from the cash register, and both women gave Donald Jr. A senior housing center that includes parking for the residents is located behind the building, though customers ordinarily did not park at the senior center to visit the convenience store.Īround noon on October 27, 2001, Joanne Gregory and Doris Wren were working at an antique mall in Rocheport. Parr did not see any vehicle in the parking lot except her own car and the cars of the clerk and the customer. He ordered them to lie on the floor, where they remained until he left. Parr, the clerk, and a customer into a back room. After he had taken the money from the cash register, Donald Jr. Parr heard a clerk "hollering" and noticed Donald Jr. came into the store to ask her for an application, at which time she noticed his left ear was "all bloody" and he was "acting weird." Soon, Ms. admitted to the robbery when he later testified at his father's trial.ĭuring the afternoon of the same day, Pamela Parr was working at a convenience store in Tipton. Portwood was unable to identify the man who had attempted to rob her, but Donald Jr. Portwood ran after him, she was unable to see the man or any vehicles except her own and the Miller beer truck in the parking lot. Portwood down and ran out the front door. Portwood pushed the gun away and it discharged. A man standing in the front of the restaurant displayed a gun from "somewhere," which he put to her throat and demanded money. Portwood heard the alarm signal that someone had entered the front door at about 2:30 p.m. The following day, October 26, Audrey Portwood was working at the Alamo *501 Steakhouse in Sedalia. Patel to his apartment in search of more money, Donald Jr. his wallet, which contained credit cards and identification.
In addition to the money from the cash drawer, Mr. displayed a gun and demanded money from Mr. Biggs left with the woman while Donald Jr. Biggs, Donald Jr., and a young woman rented a room. On October 25, 2001, Madhuker Patel was the general manager of a Days Inn in Oak Grove in which Mr. Biggs does not challenge the sufficiency of the evidence against him, but a summary review of the events provides context to the points raised on appeal. The details of the other robberies were recounted in detail throughout the course of the three-day trial. Biggs was charged as an accomplice in the robbery and shooting of Michele Leach, the final robbery in the spree. was ultimately convicted of the crimes, and Mr.
engaged in a series of armed robberies throughout numerous cities and counties in western Missouri. Biggs) left his Independence home with his son, Donald Biggs, Jr.
In an appeal from a conviction, the evidence presented at trial is reviewed in the light most favorable to the verdict. Biggs asserts two points on appeal, claiming that the trial court plainly erred by (1) instructing in the disjunctive in its verdict director when the evidence supported only a single theory of liability, and (2) failing to sua sponte either declare a mistrial or instruct the jury to disregard allegedly improper comments made by the State during closing argument. He was acquitted of first-degree assault and armed criminal action, charges that emanated from the same occurrence. was convicted of first-degree robbery, section 569.020, as an accomplice in the armed robbery of Michele Leach. Motion for Rehearing and/or Transfer to Supreme Court Denied August 2, 2005.ĭonald Biggs, Sr. Willibey, Kansas City, MO, for appellant.ĭeborah Daniels, Jefferson City, MO, for respondent.īefore ROBERT G. Motion for Rehearing and/or Transfer Denied August 2, 2005.Īpplication for Transfer Denied September 20, 2005. Missouri Court of Appeals, Western District.